Real Estate Non-Disclosure
Hiding Major Real Estate Defects is Against the Law
Under California law, it is illegal to knowingly conceal major real estate defects to prospective buyers. Is there toxic mold in the ceiling? Does the roof leak? Has this property been damaged by a flood or earthquake?
Real Estate Agents Can Also Be Liable
If you bought your property through an agent, the seller’s agent is also responsible to disclose this information. Any damages incurred due to non-disclosed defects are the responsibility of both the agent and the previous owner.
How Long Do I Have to Bring A Claim?
In cases against a real estate agent there is a 2 year statute of limitations on your damages claim; in cases against the direct seller, you have 3. If you’ve bought a property and have discovered undisclosed defects, it is important that you get in contact with legal representation and an assessor as soon as possible.
What Information Does my Attorney Need?
In reality, any and all information about the property and the purchase of the property will help support your case. In particular, you want to list every undisclosed defect that caused you damages or monetary expenditure. A detailed history of repairs and other expenses incurred due to the undisclosed problems will only increase the value of your claim.
What If My Property Was Inspected or Sold “As-Is?”
Doesn’t matter. Even if you purchased the property as-is, it is fraudulent for the seller to knowingly fail to disclose major defects. Even if your inspector did not find the defect, it does not weaken your case . The seller is responsible for disclosing any and all defects in the sale of the property.
As the buyer of a property, California law grants you many protections. Don’t let these go to waste, and don’t let an unethical seller or agent scare you into inaction.
Los Angeles attorneys Webb & Ord bring deep experience in California real estate law. Protect your rights, and preserve the value of your investment, by contacting them today at 323-462-3736.